Article by Nadia Maynard, Senior Associate
From 1 December 2025 the Occupational Health and Safety (Psychological Health) Regulations 2025 (Regulations), regarding psychosocial hazards and risk management within the workplace come into force.
This brings Victoria into line with the other states that have already implemented regulations addressing psychosocial hazards.
WorkSafe has also published a Compliance Code for Psychological Health (Compliance Code) which further elaborates on employers’ obligations in managing psychosocial risks.
What has changed?
Victorian employers already have obligations under section 21 of the Occupational Health and Safety Act 2004 (OHS Act) to provide and maintain a working environment that is safe and without risks to health. The duty extends to both physical and psychological health.
The introduction of the Regulations means that employers now have a specific duty to:
- identify and assess psychosocial hazards, so far as reasonably practicable.
- remove or reduce risks related to psychosocial hazards, so far as reasonably practicable; and
- assess, and where appropriate, update the control measures in place to manage psychosocial risk.
There is now a positive obligation to try to minimise and assess risks in the workplace to avoid the onset of psychological symptoms, from psychosocial hazards in the workplace, rather than be reactive to them, once someone starts exhibiting symptoms.
What is a psychosocial hazard?
The Regulations define psychosocial hazards as any factor or factors in:
- the work design; or
- the systems of work; or
- the management of work; or
- the carrying out of the work; or
- personal or work-related interactions,
that may arise in the working environment and may cause an employee to experience one or more negative psychological responses that create a risk to the employee’s health or safety.[1]
A negative psychological response, includes but is not limited to, stress, distress, overwhelm and experiencing burnout.[2]
The Regulations also expands on the definition by providing examples of what may constitute a psychosocial hazard, which includes but is not limited to:
- aggression or violence;
- bullying;
- exposure to traumatic events or content;
- high job demands;
- low job control;
- low job demands;
- low recognition and reward;
- low role clarity;
- poor environmental conditions;
- poor organisational change management;
- poor organisational justice;
- poor support;
- poor workplace relationships;
- remote or isolated work; or
- sexual harassment.[3]
It is important to note that the above list is not exhaustive. Employers may identify and/or encounter other psychosocial hazards within the workplace.
How can employers remove or reduce risks to psychosocial hazards, so far as is reasonably practicable?
The Regulations state that employers must consider whether it is reasonably practicable to remove the risk connected to the psychosocial hazard, that is, whether the workplace or workplace environment can be modified in a way that prevents employees from being exposed to the risk.
In ensuring compliance with the Regulations, the Compliance Code states that employers must consider the psychosocial hazards that may emerge within the workplace, and how aspects such as work design, systems of work, management of work, or workplace environment, can be structured or adjusted to prevent psychosocial hazards from occurring.
It is important to note there will be circumstances where it is not reasonably practicable to eliminate risks associated with a psychosocial hazard. In those circumstances, employers are required to take measures to:
- adjust:
- the management of work; or
- plant; or
- systems of work; or
- work design; or
- workplace environment, or
- utilise information, instruction or training. (Employers must be aware that this can only be used as a risk control measures, if it is not reasonable to make the above adjustments); or
- apply a combination of the above aforementioned measures.
Assessing and/or reviewing control measures
The Regulations impose a duty on employers to review existing control measures designed to managing risks arising from psychosocial hazards, and to assess whether the measures currently in place are in fact suitable at mitigating those risks.
The Compliance Code elaborates on when employers are to review and adjust control measures in the workplace:
- prior to any adjustments being undertaken to anything, or system of work that is likely to result in modifications to risks associated with psychosocial hazards;
- if the employer becomes aware of new or additional information relating to a psychosocial hazard;
- if an employee, or an individual on their behalf, reports a psychological injury or psychosocial hazard to the employer;
- whenever a workplace incident occurs that is notifiable under Part 5 of the OHS Act and involves a psychological injury or psychosocial hazard;
- if, for any other reason, the risk control measures have failed to effectively control the risks associated with psychosocial hazards; or
- subsequent to receiving a request from a Health and Safety Representative.
What must employers do?
If employers have not already, we strongly recommend undertaking the following measures:
- review the Compliance Code: this will help educate employers about their obligations in managing psychosocial hazards. It is prudent that senior management and employees are aware of and understand their obligations under the Regulations. The level of information provided in the Compliance Code is extremely useful as it provides guidance that can assist employers in meeting their compliance obligations.
- review the organisation’s policies and procedures that deal with psychosocial hazards and ensure that all documents are compliant with the Regulations; and
- assess and review psychosocial hazards within the workplace, and determine whether any adjustments are needed to mitigate the associated risks.
A copy of WorkSafe’s Compliance Code is available at this link: https://share.google/dDZLkme4SXqM7cr8f
[1] Section 4 of the Occupational Health and Safety (Psychological Health) Regulations 2025.
[2] Compliance Code for Psychological Health at page 4.
[3] Section 4 of the Occupational Health and Safety (Psychological Health) Regulations 2025